In re the Estate of Darashinsky

Foley, S.

I hold upon the evidence in this discovery proceeding that the moneys deposited in the joint savings bank account in the name of the decedent and the respondent, Jack Finkelstein, are the property of the estate and should be delivered to it. In reaching this conclusion I have considered and applied the rules laid down in three recent decisions of the Court of Appeals (Moskowitz v. Marrow, 251 N. Y. 380; Marrow v. Moskowitz, 255 id. 219, and Matter of Porianda, 256 id. 423). The documentary evidence *427with respect to the nature of the account and as to whether it was a joint account…